Hafiz @ Soldiers vs The State Of Madhya Pradesh
2023 Latest Caselaw 17132 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 13 th OF OCTOBER, 2023
                                         MISC. CRIMINAL CASE No. 44788 of 2023

                           BETWEEN:-
                           1.    HAFIZ @ SOLDIERS S/O YUSUF KHAN, AGED
                                 ABOUT 38 YEARS, OCCUPATION: AGRICULTURE,
                                 R/O SARANGPUR DISTRICT RAJGARH (MADHYA
                                 PRADESH)

                           2.    M.A. ALIM BABA S/O M.A.R. ALAM KURESHI,
                                 AGED ABOUT 48 YEARS, OCCUPATION: PRESS
                                 REPORTE, R/O SADAR ANJUMAN COMMITTEE
                                 SARANGPUR DISTRICT RAJGARH (MADHYA
                                 PRADESH)

                                                                                       .....APPLICANT
                           (SHRI MANISH YADAV, ADVOCATE.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH STATION
                                 HOUSE OFFICER THROUGH POLICE STATION
                                 SARANGPUR   DIST. RAJGARH   (MADHYA
                                 PRADESH)

                           2.    IKBAL W/O MO. RAJAK KHAN, R/O KHARAKUA
                                 SARANGPUR, DISTRICT RAJGARH (MADHYA
                                 PRADESH)

                                                                                    .....RESPONDENTS
                           (SHRI SUDHANSHU VYAS, PANEL LAWYER FOR THE STATE.)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                            ORDER

01. The petitioner has filed the present petition under Section 482 of Code of Criminal Procedure, 1973 seeking quashment of FIR at crime

Signature Not Verified No.107/2020 filed under Section 188 of IPC dated 16.02.2020 registered at Signed by: DIVYANSH SHUKLA Signing time: 14-10-2023 17:38:04

police station Sarangpur, District Rajgarh.

02. Learned counsel for the applicant submits that this issue is no more res integra. The FIR cannot be registered under Section 188. At the most, complaint is liable to be filed by a Government Officer before the competent Court.

03. Learned Panel Lawyer for the respondent / State is not disputing the aforesaid fact.

04. The order passed by the Co-ordinate Bench of this Court in case of Babulal Mansurya Alias K.K. Anand v/s The State of Madhya Pradesh in M.Cr.C. No.54086/2022 decided on 16.11.2022 has been passed after

considering all the provisions and earlier judgments, therefore, I have no reason to take a different view in this matter.

05. In view of the above, FIR at crime No.107/2020 dated 16.02.2020 registered at police station Sarangpur, District Rajgarh under Section 188 of IPC is hereby quashed.

06. With the aforesaid, M.Cr.C. stands disposed off.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 14-10-2023 17:38:04